7th Circ. Nixes Biometric Co.’s Bid To Arbitrate Privacy Claim

Bizar Male
Law360 (August 11, 2021, 8:28 PM EDT) — A Seventh Circuit panel unanimously agreed Wednesday with a lower court’s decision to reject biometric software company Onfido Inc.’s bid to send facial data privacy claims to arbitration.

A three-judge panel said it concurred “in all respects” with the district court’s decision to apply Illinois rather than Washington law when it determined that Onfido couldn’t tap into online marketplace OfferUp’s terms of service to force arbitration of OfferUp user Fredy Sosa’s claim. OfferUp uses Onfido’s software.

Sosa sued Onfido in June 2020 on allegations the company’s technology extracted his biometric identifiers and used them to compare photographs of him without informed…

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